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A07727 Summary:

BILL NOA07727A
 
SAME ASSAME AS S05840
 
SPONSORLupardo
 
COSPNSRGottfried, Jaffee, Harris, Simon, Williams, Montesano, D'Urso, Abbate, McDonald
 
MLTSPNSR
 
Amd §461-l, Soc Serv L
 
Establishes a certificate of need process for assisted living programs; establishes a moratorium on the establishment of new assisted living programs whenever the director of the budget determines that the addition of new assisted living program beds would have a net negative fiscal impact on the medical assistance program.
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A07727 Actions:

BILL NOA07727A
 
05/11/2017referred to aging
05/15/2017amend (t) and recommit to aging
05/15/2017print number 7727a
05/17/2017reference changed to health
06/06/2017reported referred to ways and means
06/13/2017reported referred to rules
06/14/2017reported
06/14/2017rules report cal.305
06/14/2017ordered to third reading rules cal.305
06/15/2017passed assembly
06/15/2017delivered to senate
06/15/2017REFERRED TO RULES
06/19/2017SUBSTITUTED FOR S5840
06/19/20173RD READING CAL.1152
06/19/2017PASSED SENATE
06/19/2017RETURNED TO ASSEMBLY
12/06/2017delivered to governor
12/18/2017vetoed memo.214
12/18/2017tabled
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A07727 Committee Votes:

HEALTH Chair:Gottfried DATE:06/06/2017AYE/NAY:26/0 Action: Favorable refer to committee Ways and Means
GottfriedAyeRaiaAye
SchimmingerAyeMcDonoughAye
GalefAyeRaAye
DinowitzAyeWalterAye
CahillAyeGarbarinoAye
PaulinAyeByrneAye
CymbrowitzAyeNorrisAye
GuntherAye
RosenthalAye
HevesiAye
LavineAye
TitoneAye
MayerAye
JaffeeAye
SteckAye
AbinantiAye
BraunsteinAye
KimAye
SolagesAye

WAYS AND MEANS Chair:Farrell DATE:06/13/2017AYE/NAY:32/1 Action: Favorable refer to committee Rules
FarrellAyeOaksAye
LentolAyeCrouchAye
SchimmingerAyeBarclayNay
GanttAyeFitzpatrickAye
WeinsteinAyeHawleyAye
GlickAyeMalliotakisAye
NolanAyeWalterAye
PretlowAyeMontesanoAye
PerryAyeCurranAye
ColtonAyeRaAye
CookAye
CahillAye
AubryAye
HooperAye
ThieleAye
CusickAye
OrtizAye
BenedettoAye
MoyaAye
WeprinAye
RodriguezExcused
RamosExcused
BraunsteinAye
McDonaldAye
RozicAye

RULES Chair:Heastie DATE:06/14/2017AYE/NAY:28/0 Action: Favorable
HeastieAyeKolbAye
GottfriedAyeOaksAye
LentolAyeButlerAye
FarrellAyeCrouchAye
GanttExcusedFinchAye
NolanAyeBarclayAye
WeinsteinAyeRaiaAye
HooperExcusedHawleyAye
OrtizAye
PretlowAye
CookAye
GlickAye
MorelleAye
AubryAye
EnglebrightAye
DinowitzAye
ColtonAye
MagnarelliAye
PerryExcused
GalefAye
PaulinAye
TitusAye
Peoples-StokesAye

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A07727 Floor Votes:

DATE:06/15/2017Assembly Vote  YEA/NAY: 140/0
Yes
Abbate
Yes
Crouch
Yes
Goodell
Yes
Lifton
Yes
O'Donnell
ER
Sepulveda
Yes
Abinanti
Yes
Curran
Yes
Gottfried
Yes
Lopez
Yes
Ortiz
Yes
Simanowitz
ER
Arroyo
Yes
Cusick
Yes
Graf
Yes
Lupardo
Yes
Otis
Yes
Simon
Yes
Aubry
Yes
Cymbrowitz
Yes
Gunther
Yes
Lupinacci
Yes
Palmesano
Yes
Simotas
Yes
Barclay
ER
Davila
Yes
Harris
Yes
Magee
Yes
Palumbo
Yes
Skartados
Yes
Barnwell
Yes
De La Rosa
Yes
Hawley
Yes
Magnarelli
Yes
Paulin
Yes
Skoufis
Yes
Barrett
Yes
DenDekker
Yes
Hevesi
Yes
Malliotakis
Yes
Pellegrino
Yes
Solages
Yes
Barron
ER
Dickens
Yes
Hikind
Yes
Mayer
Yes
Peoples-Stokes
Yes
Stec
Yes
Benedetto
Yes
Dilan
Yes
Hooper
Yes
McDonald
Yes
Perry
Yes
Steck
ER
Bichotte
Yes
Dinowitz
Yes
Hunter
Yes
McDonough
Yes
Pheffer Amato
Yes
Stirpe
Yes
Blake
Yes
DiPietro
Yes
Hyndman
Yes
McKevitt
ER
Pichardo
Yes
Thiele
Yes
Blankenbush
Yes
D'Urso
Yes
Jaffee
Yes
McLaughlin
Yes
Pretlow
Yes
Titone
Yes
Brabenec
Yes
Englebright
Yes
Jean-Pierre
Yes
Miller B
Yes
Quart
Yes
Titus
Yes
Braunstein
Yes
Errigo
Yes
Jenne
Yes
Miller MG
Yes
Ra
Yes
Vanel
Yes
Brindisi
Yes
Fahy
Yes
Johns
Yes
Miller ML
Yes
Raia
Yes
Walker
Yes
Bronson
Yes
Farrell
Yes
Jones
Yes
Montesano
Yes
Ramos
Yes
Wallace
Yes
Buchwald
Yes
Finch
Yes
Joyner
Yes
Morelle
Yes
Richardson
Yes
Walsh
Yes
Butler
Yes
Fitzpatrick
Yes
Kavanagh
Yes
Morinello
Yes
Rivera
Yes
Walter
Yes
Byrne
Yes
Friend
Yes
Kearns
Yes
Mosley
ER
Rodriguez
Yes
Weinstein
Yes
Cahill
Yes
Galef
Yes
Kim
ER
Moya
Yes
Rosenthal
Yes
Weprin
Yes
Carroll
Yes
Gantt
Yes
Kolb
Yes
Murray
Yes
Rozic
Yes
Williams
Yes
Castorina
Yes
Garbarino
Yes
Lalor
Yes
Niou
Yes
Ryan
Yes
Woerner
Yes
Colton
Yes
Giglio
Yes
Lavine
Yes
Nolan
Yes
Santabarbara
Yes
Wright
ER
Cook
ER
Gjonaj
Yes
Lawrence
Yes
Norris
Yes
Schimminger
Yes
Zebrowski
Yes
Crespo
Yes
Glick
Yes
Lentol
Yes
Oaks
Yes
Seawright
Yes
Mr. Speaker

‡ Indicates voting via videoconference
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A07727 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7727--A
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 11, 2017
                                       ___________
 
        Introduced  by M. of A. LUPARDO -- read once and referred to the Commit-
          tee on Aging -- committee discharged, bill amended, ordered  reprinted
          as amended and recommitted to said committee
 
        AN  ACT  to amend the social services law, in relation to establishing a
          certificate of need process for the assisted living  program;  and  to
          establish  a  moratorium  on  the authorization of new assisted living
          programs in certain cases
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Subdivision 3 of section 461-l of the social services law,
     2  as added by chapter 165 of the laws of 1991, subparagraph (iii) of para-
     3  graph (a) as amended by chapter 438 of the laws of 1994, paragraphs (b),
     4  (c), (e) and (f) as amended by section 82 of part A of chapter 58 of the
     5  laws of 2010, paragraph (d) as amended by chapter 591  of  the  laws  of
     6  1999, paragraph (g) as amended by chapter 397 of the laws of 2012, para-
     7  graph  (h) as added by section 20 of part B of chapter 58 of the laws of
     8  2007, paragraph (i) as amended by section 67 of part C of chapter 60  of
     9  the  laws of 2014, and paragraph (j) as added by section 70 of part A of
    10  chapter 56 of the laws of 2013, is amended to read as follows:
    11    3. Assisted living program approval. (a) An eligible applicant propos-
    12  ing to operate an assisted living program or increase the number of beds
    13  within an existing program shall submit an application to  the  [depart-
    14  ment. Upon receipt, the department shall transmit a copy of the applica-
    15  tion  and  accompanying  documents  to  the]  department of health. Such
    16  application shall be in a  format  and  a  quantity  determined  by  the
    17  department of health and shall include, but not be limited to:
    18    (i)  a  copy of or an application for an adult care facility operating
    19  certificate;
    20    (ii) a copy of or an application  for  a  home  care  services  agency
    21  license or a copy of a certificate for a certified home health agency or
    22  authorization as a long term home health care program;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11424-02-7

        A. 7727--A                          2
 
     1    (iii) a copy of a proposed contract with a social services district or
     2  in  a social services district with a population of one million or more,
     3  a copy of a proposed contract with the social services district  or  the
     4  department;
     5    (iv)  if  the applicant is not a long term home health care program or
     6  certified home health agency, a copy of a proposed contract with a  long
     7  term  home  health  care program or certified home health agency for the
     8  provisions of services in accordance  with  article  thirty-six  of  the
     9  public health law; and
    10    (v)  a  detailed description of the proposed program including budget,
    11  staffing and services.
    12    (b) [If the application for the proposed program includes an  applica-
    13  tion for licensure as a home care service agency, the] The department of
    14  health shall forward the application for the proposed program and accom-
    15  panying  documents  to the public health and health planning council for
    16  its written  approval  in  accordance  with  this  subdivision  and  the
    17  provisions of section thirty-six hundred five of the public health law.
    18    (c)  An  application  for  an  assisted  living  program  shall not be
    19  approved unless the commissioner is satisfied as to:
    20    (i) the character, competence and standing in  the  community  of  the
    21  operator of the adult care facility;
    22    (ii)  the  financial  responsibility of the operator of the adult care
    23  facility;
    24    (iii) that the buildings, equipment,  staff,  standards  of  care  and
    25  records  of  the  adult  care  facility  to be employed in the operation
    26  comply with applicable law, rule and regulation;
    27    (iv) the commissioner of health is satisfied that the assisted  living
    28  program  and  the  licensed  home  care  agency has received the written
    29  approval of the public health and health planning council as required by
    30  paragraph (b) of this subdivision and the equipment,  personnel,  rules,
    31  standards  of care, and home care services provided by the licensed home
    32  care agency and certified home health agency or long  term  home  health
    33  care  program  are  fit  and adequate and will be provided in the manner
    34  required by article thirty-six of the public health law  and  the  rules
    35  and regulations thereunder; and
    36    (v)  [the  commissioner and] the commissioner of health and the public
    37  health and health planning council are satisfied as to the  public  need
    38  for the assisted living program beds being proposed after giving consid-
    39  eration  to  the  relative concentration of assisted living program beds
    40  and other long term care resources and capacity in existence in the area
    41  to be served.
    42    (d) The department of health shall not approve an application  for  an
    43  assisted  living  program or an expansion of an existing program for any
    44  eligible applicant who does not meet the requirements of  this  article,
    45  including  but  not  limited to, an eligible applicant who is already or
    46  within the past ten years has been an incorporator,  director,  sponsor,
    47  principal  stockholder, member or owner of any adult care facility which
    48  has been issued an operating certificate by the board or the department,
    49  or of a halfway house, hostel or other residential facility or  institu-
    50  tion  for  the care, custody or treatment of the mentally disabled which
    51  is subject to approval by an office of the department of mental hygiene,
    52  or of any residential health  care  facility  or  home  care  agency  as
    53  defined in the public health law, unless [the department, in conjunction
    54  with  the  department of health,] it finds by substantial evidence as to
    55  each such applicant that a substantially consistent high level  of  care
    56  has  been rendered in each such facility or institution under which such

        A. 7727--A                          3

     1  person is or was affiliated. For the purposes of this  paragraph,  there
     2  may  be a finding that a substantially consistent high level of care has
     3  been rendered despite a record of violations  of  applicable  rules  and
     4  regulations,  if such violations (i) did not threaten to directly affect
     5  the health, safety or welfare of any patient or resident, and (ii)  were
     6  promptly corrected and not recurrent.
     7    (e)  [The  commissioner  of  health  shall  provide  written notice of
     8  approval or disapproval of portions of the proposed application concern-
     9  ing a licensed home care agency, certified home health  agency  or  long
    10  term home health care program, and, where applicable, of the approval or
    11  disapproval  of  the  public  health  and health planning council to the
    12  commissioner.] If an application receives all the  necessary  approvals,
    13  the  commissioner  of  health shall notify the applicant in writing. The
    14  commissioner's written approval shall constitute authorization to  oper-
    15  ate an assisted living program.
    16    (f)  No  assisted  living  program may be operated without the written
    17  approval of [the department,]  the  department  of  health  and[,  where
    18  applicable,] the public health and health planning council.
    19    (g)  Notwithstanding  any  other provision of law to the contrary, any
    20  assisted living program having less  than  seventy-five  authorized  bed
    21  slots,  located  in  a county with a population of more than one hundred
    22  ten thousand and less than one hundred fifty thousand persons based upon
    23  the decennial federal census for the year two thousand, and which at any
    24  point in time is unable to accommodate  individuals  awaiting  placement
    25  into  the  assisted  living program, shall be authorized to increase the
    26  number of assisted living beds available for a specified period of  time
    27  as  part  of  a  demonstration  program  by  up to thirty percent of its
    28  approved bed level; provided, however, that such program shall otherwise
    29  satisfy all other assisted living program requirements as set  forth  in
    30  this section. In addition, any program which receives such authorization
    31  and  which  at  any  point  on or after July first, two thousand five is
    32  unable to accommodate individuals awaiting placement into  the  assisted
    33  program,  shall be authorized to further increase the number of assisted
    34  living beds available as part of this demonstration  program  by  up  to
    35  twenty-five  percent  of  its  bed  level as of July first, two thousand
    36  five; provided, however, that such program shall otherwise  satisfy  all
    37  other assisted living program requirements as set forth in this section.
    38    (h)  The  commissioner  is authorized to add one thousand five hundred
    39  assisted living program beds to the  gross  number  of  assisted  living
    40  program  beds  having been determined to be available as of April first,
    41  two thousand seven.
    42    (i) (a) The commissioner of health is authorized  to  add  up  to  six
    43  thousand  assisted  living  program beds to the gross number of assisted
    44  living program beds having been determined to be available as  of  April
    45  first, two thousand nine. Nothing herein shall be interpreted as prohib-
    46  iting  any  eligible  applicant  from  submitting an application for any
    47  assisted living program bed so added. The commissioner of  health  shall
    48  not  be required to review on a comparative basis applications submitted
    49  for assisted living program beds made available  under  this  paragraph.
    50  The  commissioner  of  health  shall  only authorize the addition of six
    51  thousand beds pursuant to a seven year  plan  ending  prior  to  January
    52  first, two thousand seventeen.
    53    (b)  The commissioner of health shall provide an annual written report
    54  to the chair of the senate standing committee on health and the chair of
    55  the assembly health committee no later than January first of each  year.
    56  Such report shall include, but not be limited to, the number of assisted

        A. 7727--A                          4
 
     1  living  program  beds made available pursuant to this section by county,
     2  the total number of assisted living program beds by county,  the  number
     3  of vacant assisted living program beds by county, and any other informa-
     4  tion deemed necessary and appropriate.
     5    (j)  The  commissioner of health is authorized to add up to four thou-
     6  sand five hundred assisted living program beds to the  gross  number  of
     7  assisted  living  program beds having been determined to be available as
     8  of April first, two thousand twelve. Applicants eligible  to  submit  an
     9  application  under this paragraph shall be limited to adult homes estab-
    10  lished pursuant to section four  hundred  sixty-one-b  of  this  article
    11  with,  as  of September first, two thousand twelve, a certified capacity
    12  of eighty beds or more in which twenty-five percent or more of the resi-
    13  dent population are persons with serious mental illness  as  defined  in
    14  regulations  promulgated by the commissioner of health. The commissioner
    15  of health shall not be required to review on a comparative basis  appli-
    16  cations  submitted for assisted living program beds made available under
    17  this paragraph.
    18    (k) Beginning July first, two thousand seventeen, the commissioner  of
    19  health  and the public health and health planning council are authorized
    20  to approve assisted living program beds for any eligible applicant  that
    21  satisfactorily demonstrates the public need for such beds in the area to
    22  be  served  and meets all other applicable requirements of this section.
    23  Assisted living program availability determinations and  limitations  in
    24  place  prior  to  July  first, two thousand seventeen shall no longer be
    25  applicable, and assisted living program beds shall be  generally  avail-
    26  able  to  meet demonstrated public need on a case by case basis whenever
    27  the commissioner and public  health  and  health  planning  council  are
    28  satisfied  public  need  exists  at the time and place and under circum-
    29  stances proposed by the applicant;  provided,  however,  the  prior  bed
    30  authorizations  in paragraphs (h), (i) and (j) of this subdivision shall
    31  continue in full force and effect.
    32    (1) Notwithstanding any other provision of law to  the  contrary,  the
    33  department  of  health  shall  develop  an expedited review and approval
    34  process for applications for up to nine additional beds to  an  existing
    35  assisted  living  program  qualified  as  being  in  good standing under
    36  section four hundred sixty-one-b of this article.
    37    § 2. Notwithstanding any provision of law to the contrary, there shall
    38  be a moratorium on the authorization  of  new  assisted  living  program
    39  beds;  whenever  the director of the budget determines that the addition
    40  of new assisted living program beds would have  a  net  negative  fiscal
    41  impact  on the medicaid program. In determining the net fiscal impact on
    42  the medicaid program, the director of the budget shall include estimates
    43  of savings that may accrue  from  the  utilization  of  assisted  living
    44  program  beds  in  lieu  of  nursing  home beds or other levels of care;
    45  whether the average case mix of nursing homes increases or decreases due
    46  to the increase in assisted living program beds;  whether  managed  care
    47  savings  are accrued by the addition of assisted living program beds and
    48  overall medicaid expenditures for the assisted living program and  nurs-
    49  ing homes from the effective date of this section.
    50    § 3. This act shall take effect immediately.
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